Tag Archives: Latker

The Turning Point in Federal Patent Policy

Posted on November 28, 2020 by Gerald Barnett

1971. Here’s where things started to go bad. In 1963, President Kennedy issued a memorandum setting forth executive branch patent policy. When the federal government acquired inventions, the policy stipulated that patents would be made available “through dedication or licensing”–that … Continue reading →

Posted in Bayh-Dole, Freedom, History, Policy | Tagged , , , , , | Leave a comment

Bayh-Dole, Tyrannosaurus

Posted on June 23, 2020 by Gerald Barnett

Bayh-Dole is a mess of a law. There’s the mess of the conception itself, the disgusting and ineffectual idea that the federal government should sue its citizens for using inventions made with public funding to advance public purposes–and should do … Continue reading →

Posted in Bayh-Dole | Tagged , , , | Comments Off on Bayh-Dole, Tyrannosaurus

The point at which federal patent policy in 1971 broke from public interest

Posted on June 8, 2020 by Gerald Barnett

Here’s the point at which federal patent policy broke from the public interest. In 1971, President Nixon revised the Kennedy patent policy. One of the revisions was to the federal disposition of inventions. Here’s Kennedy: Government-owned patents shall be made … Continue reading →

Posted in Bayh-Dole, History | Tagged , | Comments Off on The point at which federal patent policy in 1971 broke from public interest

The Purpose of Bayh-Dole: Some History

Posted on May 14, 2020 by Gerald Barnett

Bayh-Dole re-establishes a patent monopoly pipeline from federal funding to the pharmaceutical industry. The NIH first created this patent pipeline in 1968 when Norman Latker, patent counsel at the NIH, restarted the Institutional Patent Agreement program that had been allowed … Continue reading →

Posted in Bayh-Dole | Tagged , , , | Comments Off on The Purpose of Bayh-Dole: Some History

Bayh-Dole Basics, 8: Reasonable Terms Comments-2

Posted on June 6, 2019 by Gerald Barnett

Now we get to government rights under march in. Here we have complications. In 1968, Norman Latker, NIH’s patent counsel, revived the Institutional Patent Agreement program, under which the NIH (and later the NSF) contracted with nonprofits so that a … Continue reading →

Posted in Uncategorized | Tagged , , , , , , | Comments Off on Bayh-Dole Basics, 8: Reasonable Terms Comments-2

Patent agreements in Federal Procurement Regulations and Bayh-Dole, 2

Posted on October 18, 2018 by Gerald Barnett

If we return for a moment to O’Connor’s article–it is a great read for what it aims to do, but for O’Connor’s theme of abstract mistaken assumptions rather than providing a specific account of Latker’s lack of drafting ability–there is … Continue reading →

Posted in Bayh-Dole, History, Policy, Sponsored Research, Stanford v Roche | Tagged , , , , , , , | Comments Off on Patent agreements in Federal Procurement Regulations and Bayh-Dole, 2

Exceptional Circumstances in Bayh-Dole, 5

Posted on August 23, 2018 by Gerald Barnett

Despite the recognition that there are all sorts of federal research programs primarily directed at nonprofit-hosted research that would benefit from a determination that Bayh-Dole’s default provisions do not do a good job of promoting Bayh-Dole’s stated policy and objectives, … Continue reading →

Posted in Bayh-Dole | Tagged , , , | Comments Off on Exceptional Circumstances in Bayh-Dole, 5

The mistaken assumptions of Bayh-Dole, 2

Posted on May 11, 2018 by Gerald Barnett

We are working with an article by Sean O’Connor to get at an underlying problem with discussion of Bayh-Dole. O’Connor, a law professor, appears to be working diligently to find a way to “fix” Bayh-Dole so that universities end up … Continue reading →

Posted in Bayh-Dole | Tagged , , , , , , , | Comments Off on The mistaken assumptions of Bayh-Dole, 2

The mistaken assumptions of Bayh-Dole, 1

Posted on May 10, 2018 by Gerald Barnett

I know this article by Sean O’Connor on the mistaken assumption in Bayh-Dole is six years old and I have discussed this issue previously, but since it is out there on the web, and as far as I know it hasn’t … Continue reading →

Posted in Bayh-Dole | Tagged , , , , , | Comments Off on The mistaken assumptions of Bayh-Dole, 1

Does Bayh-Dole Require Reasonable Pricing?

Posted on October 2, 2016 by Gerald Barnett

[Revised and extended for clarity] Short answer: no, but well, sort of, er, actually–yes! but not what you might expect. In 2005, Norman J. Latker, the key draftsman of both the Institutional Patent Agreement and Bayh-Dole published a critique, along with … Continue reading →

Posted in Bayh-Dole, Policy | Tagged , , , | Comments Off on Does Bayh-Dole Require Reasonable Pricing?